When Does An Environment Become Sexually Hostile?
To create a sexually hostile environment, unwelcome conduct based on gender must meet two additional requirements: (1) it must be subjectively abusive to the person(s) affected, and (2) it must be objectively severe or pervasive enough to create a work environment, that a reasonable person would find abusive.
To determine whether behavior is severe or pervasive enough to create a hostile environment, the finder of fact (a court or jury) considers these factors:
- The frequency of the unwelcome discriminatory conduct
- The severity of the conduct
- Whether the conduct was physically threatening or humiliating, or a mere offensive utterance
- Whether the conduct unreasonably interfered with work performance
- The effect on the employee’s psychological well-being; and
- Whether the harasser was a superior in the organization
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